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HomeMy WebLinkAbout2017-01-18; Planning Commission; MinutesPlanning Commission Minutes January 18, 2017 Page 1 Minutes of: PLANNING COMMISSION Time of Meeting: 6:00 p.m. Date of Meeting: January 18, 2017 Place of Meeting: COUNCIL CHAMBER CALL TO ORDER Chairperson Segall called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Commissioner Black led the Pledge of Allegiance. ROLL CALL Present: Chairperson Segall, Commissioners Anderson, Black, Goyarts, L’Heureux, and Montgomery Absent: Commissioner Siekmann STAFF PRESENT Don Neu, City Planner Ron Kemp, Assistant City Attorney Farah Nisan, Secretary Austin Silva, Associate Planner Chris Garcia, Associate Planner Jason Geldert, Engineering Manager Debbie Fountain, Housing and Neighborhood Services Director APPROVAL OF MINUTES Chairperson Segall asked if there were any corrections or revisions to the minutes of the meeting of January 4, 2017. Chairperson Segall stated that he would like to add the applicant agreeing to all amendments made before the discussion on page 6. MOTION ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner L’Heureux to approve the minutes of the Regular Meeting of January 4, 2017 as amended. VOTE: 6-0-1 AYES: Chairperson Segall, Commissioner Anderson, Commissioner Black, Commissioner Goyarts, Commissioner L’Heureux and Commissioner Montgomery NOES: None ABSENT: Commissioner Siekmann ABSTAIN: None PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA None. Planning Commission Minutes January 18, 2017 Page 2 PLANNING COMMISSION PUBLIC HEARING Chairperson Segall asked Mr. Neu to introduce the first item and opened the public hearing on Agenda Item 1. 1. CDP 14-11X1(A) – SMITH REMODEL – Request for approval of a Coastal Development Permit Amendment to allow the addition of 1,660 square feet of living area to an existing single-family residence, a new 540 square foot garage, and an at grade covered patio on a .58 acre lot within the Mello II Segment of the City’s Coastal Zone located at 2421 Buena Vista Circle within Local Facilities Management Zone 1. The project site is within the appealable area of the California Coastal Commission. The City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15303(a), construction of a single family residence, of the state CEQA Guidelines. Mr. Neu stated Agenda Item 1 would normally be heard in a public hearing context; however, the project appears to be minor and routine in nature with no outstanding issues and staff recommends approval. He recommended that the public hearing be opened and closed, and that the Commission proceed with a vote as a consent item. Staff would be available to respond to questions if the Commission or someone from the public wished to comment on Agenda Item 1. Chairperson Segall asked if any member of the audience wished to address Agenda Item 1. Seeing none, he opened and closed public testimony. MOTION ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner L’Heureux that the Planning Commission adopt Planning Commission Resolution No. 7221 approving Coastal Development Permit Amendment CDP 14-11X1(A) based upon the findings and subject to the conditions contained therein. VOTE: 6-0-1 AYES: Chairperson Segall, Commissioner Anderson, Commissioner Black, Commissioner Goyarts, Commissioner L’Heureux and Commissioner Montgomery NOES: None ABSENT: Commissioner Siekmann ABSTAIN: None Chairperson Segall closed the public hearing on Agenda Item 1, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 2. 2. SDP 16-12 – HARDING VETERANS HOUSING – Request for approval of a Site Development Plan to allow for the demolition of three residential units and the construction of a three-story, 26-unit (25 income restricted and one manager’s unit) apartment building designated for veterans, including development standards modifications, at 3606 Harding Street, in the Residential-Density Multiple Zone and within Local Facilities Management Zone 1. The City Planner has determined that this project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment and is, therefore, exempt from the requirement for the preparation of environmental documents pursuant to Section 15194 (Affordable Housing) of the State CEQA Guidelines. Mr. Neu introduced Agenda Item 2 and stated Associate Planner Austin Silva would make the staff presentation. Chairperson Segall asked if any of the Commissioners have ex parte communications to disclose for this item. Planning Commission Minutes January 18, 2017 Page 3 Commissioner L’Heureux asked Assistant City Attorney Ron Kemp to clarify ex parte communications that are to be disclosed. Mr. Kemp clarified that ex parte communication is evidence gathering that takes place outside the formal proceedings. He added that if the Commissioners visited a site, spoke to an opponent or a proponent of the project, any independent online research and anything that is viewed or done outside of the noticed hearing that was investigation into how the Commissioners would handle the proceeding should be disclosed, including researching the site on Google Earth. Mr. Kemp concluded that ex parte means to disclose what the Commission has reviewed in preparation for the hearing. Commissioner Black asked if online research is considered ex parte. Mr. Kemp stated yes. Commissioner Black disclosed that he researched the program online. Commissioner L’Heureux disclosed that he has visited the property, read the U.S. code and the Municipal code as it applies to the project. Commissioner Goyarts disclosed that he has used Google Earth to view the project site. Commissioner Montgomery disclosed that he visited the site. Chairperson Segall disclosed that he visited both properties. Mr. Silva gave a brief presentation and stated he would be available to answer any questions. Chairperson Segall asked if there were any questions of staff. Commissioner Montgomery asked if the minimum number of parking spaces per unit is identified in the parking ordinance. Mr. Silva stated that the standard minimum requirement for a studio or a one bedroom unit is 1½ spaces per unit, and 2 spaces per unit for two or more bedrooms. Commissioner Goyarts asked if the regional housing assessment has been disclosed during the presentation. Mr. Silva stated yes, the housing period ranges from 2010 – 2020 with a goal of providing 912 low income units and added that there are 877 units remaining. Mr. Silva stated that the project would provide 25 units. Commissioner L’Heureux asked Mr. Silva to clarify if the item is proposed as an affordable housing project although the applicant may choose to market to veterans or not. Mr. Silva stated yes, there will be an operating agreement as well as an affordable housing agreement which would include the disclosure of the stipulations toward veterans. Housing and Neighborhood Services Director Debbie Fountain explained that the regulatory and operating agreements will specify what benefits the city will receive for the amount of money invested into the project for affordable housing. Commissioner Anderson asked if the agreements are tied to initial financial support that will ride with the property, or if the agreements are annually reviewed and updated. Ms. Fountain stated that the regulatory and operating agreements are 55 year agreements that run with the term of the loan, as long as the loan remains outstanding, then the developer has the requirements that are placed on it and if they were to repay the loan early, the requirements are still to run for 55 years. Ms. Fountain stated that the development will serve a veterans housing however; the item is a residential project from a land use standpoint. Commissioner Black asked if it would be proper or improper to create a condition which would direct the developer to only target homeless veterans. Mr. Neu stated that it would not be recommended as all affordable housing projects have specified the income level through the regulatory and operating agreements. Commissioner Montgomery asked if the agreements will definitely be a veteran specified type of use or if it is just a possibility. Ms. Fountain stated that all funding sources are analyzed and if the developer gets other funding sources such as the Veterans Administration, it would come with certain requirements. Planning Commission Minutes January 18, 2017 Page 4 Chairperson Segall inquired about the amount of parking spaces available for guests and residents. Mr. Silva stated that because of the income levels, some residents would not own vehicles and some might. Chairperson Segall asked if there were any further questions of staff. Seeing none, he asked if the applicant wished to make a presentation. Sydney Connell, Suite 160, 13520 Evening Creek Drive North, San Diego, representing the applicant, made a presentation. Chairperson Segall asked if there were questions of the applicant. Commissioner Black inquired about the selection process. Ms. Connell stated a mix of low income veterans and their families as well as homeless veterans are considered. Dr. Megan Hawker, Interfaith Community Services, 1617 Mission Avenue, Oceanside, commented that the Code of Federal Regulations (CFR) is based on keeping the same terminology across the programs which includes all the discharges such as honorable, general, other than honorable, bad conduct and excludes dishonorable discharge. She stated that a similar process for eligibility is integrated into the Coordinated Assessment and Housing Placement system. Commissioner Black asked if onsite staff would be fully briefed on what to expect. Dr. Hawker stated yes, in addition to an onsite property manager, other trained staff members will be present during hours of operation, such as case managers and clinical therapists to work with the residents during the day. Commissioner Black asked if there will be lockdowns. Dr. Hawker stated no. Commissioner Anderson asked what background checks would be screened for. Dr. Hawker replied stating Megan’s Law and active warrants or arrests. Commissioner Anderson asked who else would be allowed to live with the veterans. Dr. Hawker stated other immediate family members and not roommates. Commissioner L’Heureux asked if roommates are permitted to live with a veteran to share the cost of rent. Dr. Hawker stated no. He asked if veterans and other non-veteran low income families would be mixed together. Ms. Connell stated there will not be any non-veteran tenants mixed with veterans based on all regulations. Commissioner Anderson asked how the neighborhood is protected from overflow parking and how often the tenant income level is re-evaluated. Ms. Connell replied stating that tenant income is evaluated annually. Commissioner Goyarts asked if the project is geared towards those perspective tenants with the highest level of needs. Dr. Hawker stated yes. Commissioner Goyarts asked in what situations a perspective tenant would be denied. Ms. Connell replied stating that the criteria would be managed by the property management company. Chairperson Segall asked if there were any further questions for the applicant. Seeing none, he asked if the representative from Kimley-Horn would make the presentation addressing parking issues. Michael Loomis, Kimley-Horn, Suite 600, 401 B Street, San Diego, made the presentation. Chairperson Segall asked if there were any questions. Commissioner Montgomery asked how the project compares to others in Oceanside and Encinitas. Mr. Loomis replied stating that a parking study determined one site, with studios and one bedroom units located a half mile from a transit stop as well as a shopping center, utilized 0.5 spaces per unit. He also added that another site, with two to three bedroom units located adjacent to a transit stop, utilized 1 space per unit during the peak occupancy. Commissioner Anderson inquired about the income levels for both properties. Mr. Loomis stated one was 50% or less of the area median income (AMI) and the other property was at 30% AMI, which are similar income levels as the proposed projects. Planning Commission Minutes January 18, 2017 Page 5 Chairperson Segall asked if there were any further questions for the applicant. Seeing none, he asked if any members of the audience wished to address Agenda Item 2. Chairperson Segall opened public testimony. Socorro Anderson, Vice President of Friends of La Posada, 3420 Don Juan, Carlsbad, stated that she supports the project. Chairperson Segall asked if there were any other members of the audience who wished to speak on the item. Seeing none he closed public testimony. Commissioner Anderson asked if residents who don’t have jobs receive financial support from other sources to pay for rent. Ms. Fountain stated that residents may be eligible for benefits who may not have access to the source. She added that the onsite property management could assist with vouchers and a variety of other programs that can be brought to them to help. MOTION ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner Black that the Planning Commission adopt Planning Commission Resolution No. 7222 approving Site Development Plan SDP 16-12 based on the findings and subject to the conditions contained therein including the errata as amended. VOTE: 6-0-1 AYES: Chairperson Segall, Commissioner Anderson, Commissioner Black, Commissioner Goyarts, Commissioner L’Heureux and Commissioner Montgomery NOES: None ABSENT: Commissioner Siekmann ABSTAIN: None Chairperson Segall closed the public hearing on Agenda Item 2, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 3. 3. SDP 16-13 – OAK VETERANS HOUSING – Request for approval of a Site Development Plan to allow for the demolition of two residential units and a detached garage, and the construction of a three-story, 24-unit affordable apartment building designated for veterans, including development standards modifications, at 965 Oak Avenue, in the Residential-Density Multiple Zone and within Local Facilities Management Zone 1. The City Planner has determined that this project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment and is, therefore, exempt from the requirement for the preparation of environmental documents pursuant to Section 15194 (Affordable Housing) of the State CEQA Guidelines. Mr. Neu introduced Agenda Item 3 and stated Associate Planner Austin Silva would make the staff presentation. Mr. Silva gave a brief presentation and stated he would be available to answer any questions. Chairperson Segall asked if any of the Commissioners have ex parte communications to disclose for this item. Commissioner L’Heureux stated that he visited the site. Commissioner Black disclosed that he researched the program online. Commissioner Goyarts disclosed that he used Google Earth to view the project site. Commissioner Montgomery stated that he visited the site. Planning Commission Minutes January 18, 2017 Page 6 Chairperson Segall stated that he also visited the site. Chairperson Segall asked if there were any questions of staff. Commissioner Goyarts asked what the plans are for the residential property located east of the proposed project, at the end of the cul de sac. Mr. Silva sated that there are plans for CALTRANS to widen the Interstate 5 (I-5) freeway and that property would be condemned as part of that. He stated that the anticipated timeline for the widening project is approximately 10 years. Commissioner Goyarts asked if any residents to the west of the proposed property have spoken about any issues. Mr. Silva replied no. Chairperson Segall asked if there were any further questions of staff. Seeing none, he asked if the applicant wished to make a presentation. Sydney Connell, Suite 160, 13520 Evening Creek Drive North, San Diego, representing the applicant, made a presentation. Chairperson Segall asked if there were questions of the applicant. Commissioner Goyarts asked who will be living on site full time and who will be available during business hours. Ms. Connell stated that a property manager and maintenance personnel will live on both sites. Commissioner Goyarts asked if the property owner between the I-5 freeway and the proposed project have reached out. Ms. Connell stated no. Commissioner L’Heureux asked if 1 out of 24 units is designated for on site management 24 hours a day. Ms. Connell stated yes, they try to get someone who qualifies as a low income veteran. Commissioner Anderson inquired about the threshold for property requiring onsite management. Ms. Connell stated 16 units. Commissioner Black asked if the case manager would also be at the Oak property. Ms. Connell stated yes. Chairperson Segall asked if there were any further questions for the applicant. Seeing none, he asked if any members of the audience wished to address Agenda Item 2. Chairperson Segall opened public testimony. Raul Villamar, 937 Oak Avenue, Carlsbad, stated his concerns with traffic, noise, vehicle speed, and delivery trucks parking on Oak Avenue. Socorro Anderson, Vice President of Friends of La Posada, 3420 Don Juan, Carlsbad, stated her concerns with RV Parking and delivery truck traffic on Oak Avenue. She supports the project. Chairperson Segall asked if there were any other members of the audience who wished to speak on the item. Seeing none, he asked if the applicant could respond to the issues raised and closed public testimony. Mr. Loomis stated that the applicant has provided 23 parking spaces for 24 units and stated that parking is sufficient for the project. MOTION ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner L’Heureux that the Planning Commission adopt Planning Commission Resolution No. 7223 approving Site Development Plan SDP 16-13 based on the findings and subject to the conditions contained therein including an errata sheet as amended. VOTE: 6-0-1 AYES: Chairperson Segall, Commissioner Anderson, Commissioner Black, Commissioner Goyarts, Commissioner L’Heureux and Commissioner Montgomery NOES: None ABSENT: Commissioner Siekmann ABSTAIN: None Planning Commission Minutes January 18, 2017 Page 7 Chairperson Segall closed the public hearing on Agenda Item 3. COMMISSION COMMENTS None. CITY PLANNER COMMENTS None. CITY ATTORNEY COMMENTS None. ADJOURNMENT By proper motion, the Regular Meeting of the Planning Commission of January 18, 2017 was adjourned at 8:40p.m. Q/i DON NEU City Planner Farah Nisan Minutes Clerk